City of Atlanta v. Gilmere
City of Atlanta v. Gilmere
Opinion of the Court
Emma F. Gilmere obtained a judgment against Carroll Charles Craig in the United States District Court, Northern District of Georgia, Atlanta Division. She then sought garnishment against the City of Atlanta. The city answered setting forth that the defendant Craig earned wages bi-weekly and the garnishee had become indebted to the defendant in the sum of $1,409.60. It then contended that $1,147.99 is exempt from process of garnishment and only $261.61 is subject to the process of garnishment of which $15.00 answering fee has been withheld and thereupon it paid into court $246.61. Whereupon the plaintiff traversed the garnishee’s answer, and both filed motions for summary judgment.
The motions for summary judgment, as well as the plaintiff’s traverse of the garnishee’s answer came on for hearing. The trial court granted plaintiffs motion for summary judgment and sustained her traverse. In its order thereon, the court stated that “[a]fter hearing argument of counsel and the stipulation of the parties that the liability in the underlying judgment ‘arises out of liability incurred in the scope of the (defendant’s) employment while responding to an emergency’ ” and found that OCGA § 18-4-21 (formerly Code Ann. § 46-306 (Ga. L. 1976, pp. 1608, 1615; 1977, p. 634; 1980, pp. 1769, 1772)) requires that the garnishee, the City of Atlanta, pay the plaintiff $12,413.28, together with principal and interest as provided by law from the date of the judgment, “November 12,1983 [sic].” The garnishee appeals. Held:
Nowhere in the record do we find evidence of the amount of the United States District Court’s judgment, nor do we find a stipulation other than the fact that the trial court’s order states that the parties had stipulated that the judgment arises out of the liability incurred in the scope of the defendant’s employment with the city while responding to an emergency. However, the garnishee by brief states that the parties so stipulated, and we proceed to consideration of the
The garnishment law in this state is in derogation of the common law and must be strictly construed. Here the parties have stipulated that the judgment against the city employee arose out of liability incurred in the scope of his governmental employment “while responding to an emergency,” although the parties have not enlightened us with reference to the emergency or to show unequivocally that the amount of the judgment was as set forth in the trial court’s judgment as $12,413.28. Nevertheless, the summons here was upon the “City of Atlanta, Shirley Franklin, CAO” as garnishee. It is obvious that the letters CAO stand for the chief administrative officer of the City of Atlanta, and the statute requires her to answer “said summons in accordance with the mandate ... and as provided by” the statute. It was not so answered. The statute clearly discloses that if the judgment is incurred “in the scope of the . .. employee [’]s government employment while responding to an emergency” his salary may not be garnished. The statute then provides that in such cases the summons shall be directed to such political entity (the City of Atlanta in this instance) and served upon the person authorized by law (“Shirley Franklin, CAO”) to draw the warrant or to issue a check
Judgment affirmed in part and reversed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.